this is the fox report. tonight former secretary of state condeleeza rice deciding not to dhifr a commencement address to thousands of college grads and the white house playing defense. a year and half after the terror attack that left four americans dead house speaker john boehner appointing a special committee to uncover the truth about what happened that night and how the white house responded and an american war veteran sitting in a mexican jail for a terrible mistake and now concerns for his

safety. >> mom, i will not make it through the night. don't come and ask questions, because you are not safe either. >> tonight, what the u.s. is doing to get the u.s. marine home. >> america's former top diplomat decloined a commencement invite because protestors don't want her right. she will not be spoking in a major university. >> amid benghazi terror attack front and center in washington as house law makers try to get to the bottom of how the white house responded to the terrorist attack that took the hives of four americans in september 11th, 2012. and another panel, issuing a subpoena for secretary of state john kerry to answer questions about the white house's response not only in the initial days after the attack but the months that follow.

many republican law makers believe that the president misled the people. they told fox news earlier today that the administration is playing games with their investigation. >> all of this could have been resolved a yearing on, they are slowly releasing documents and with holding documents we are fighting the battle. get it resolved and move on. >> meanwhile democrats in congress said the moves to investigate benghazi is a political stunt. senate majority leader harry reid calling the investigation a waste of money and time. but right now the hunt for answers will go on. >> reporter: former national security admitted he made

talking po that conflicts with the the white house. >> did you change a tax to the talking points. nmaybe, i don't remember. >> i don't remember. dowd, it is like two years ago. >> dude, it is what we are talking about. >> we are talking about editing talking points that's what bureaucrats. >> it is scripted. >> and that and the four year release of the ben rh odes e-mail. >> it shoes a line of thinking that was protecting the president and state department. you have to remember that the president is involved in this. he is talking about a video in the united nations and so this is a smoking gun that is locked and loaded. >> harry reid blasted the decision, saying for the republicans to waste the time

and money instead of focusing on the middle-class is a bad decision. secretary of state john kerry spokesman lambasted the entire focus. >> i am confident that what the republicans allege that there was a attempt by the administration to cover up or spin what happened is 100 percent false. >> we are still not getting documents as we requested. and we asked them to turn over the documents we requested. when will we get all of the documents? >> a recent fox nows poll skoin- 21 percent believe that the wheat whites trying to cover up what happened in benghazi rather than being open and transparent. >> fox news doper. benghazi, white house cover- up

revealed by blet bear. secretary of state john kerry urging russia to withdraw the insurgents. speaking to the russian counterpart by phone while traveling to the congo today. russia denies allegations of unrest. prorussia insurgents releasing international observer ares held hostage in the city. the militant's leader ordered their release because of bleed street battles that are breaking out. here's more from ukraine. >> molly, the only bit of good nows was the release of the international observers. they were in good spirits. >> reporter: it comes as the ukranian military is stepping up the effort against the pro russian mill at this timeiants

it was a fight against the insurgies and now this country is on the verge of civil war. ukranian army personnel carriers moved in the town and overtaking checkpoints and a government building that was occupied. they were not able to push their way in the main strong hold where separatist and mill littias are dug in. violence is spreading to the key port city of oshg desza. 30 plus people died and many injured in running street battles between riot police and pro russian separatist. and pro russians ended up in a building and the building was in flames. the ukranians blame russian military officers for sparking the violence. and the russia calls the crack down and said it is a crime and

said ethic russians are besieging the kremlin begging for help and protection. the fear is it would come in the form of 40,000 troops invading this part of the country. molly back to you. >> leland vittert thank you. >> and the nba appointing a ceo to super vise the la clipper's operation amid new pressure for donald sterling to sell the time. donald sterling said he should have paid off his alleged mistress who recorded him making racial remarks and now she is speaking out for the first time, disputing that sterling is a racist. dom nick is in the west coast newsroom. how is the nba explaining the move to appoint a ceo. >> reporter: it is coming in

the past hour or so. the nba excutive vice-president of communication putting out this statement. let me read it to you. the best way to insure the stability of the team in a difficult situation is to quickly to install a ceo to over so the clipper's operation. the process of identifying that individual is underway. it is a active separation and wrestling the operational control out of the hands of donald sterling and in the hands of somebody else and dramatic and unexpected. >> what is she saying in the new interview. >> reporter: she tried to avoid the press and decided to a pore with barbara walters on the 20- 20 program. she believes he is not a racist but out of touch with the world.

>> he is from a different generation than i am and brought up to believe that. segregation and whites and blacks and. >> and a partnerly it was not the first time they had conversations like this. she has hours of other recordings and she would have these conversations in an attempt to help him realize he was prejudice. >> i wanted to get him to so what he was doing to me and to himself. a lot of the times, i would overemphasize and be cynical because he just didn't get it. he couldn't understand my view or the views of those around us. >> reporter: she said he should apologize and doesn't know whether he will. one magazine managed to speak to him. all he would say, i should have

paid to shut her up. >> andom nick thanks. >> the la clippers face the golden state warriors in game seven of the nba series. the first leg of the triple crown is in the books. we have a winner in the kentucky derby. >> from the back of the pack and coming up. taking second and california shines bright in the kentucky derby. >> congratulations to california chrome. the horse was a favorite to win the derby in the fifth consective victory and next up. one 39th. >> and she is america's former top diplomat. rice will decloin the invitation to give the commencement address following a voke will protest by a small group of students and a va hospital under fire for

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common side effects include skin redness headache, diarrhea, vomiting, and increase in psa. ask your doctor about axiron. our nation's former top diplomat said she will not goift commencement address in rutgers, new jersey. former secretary of state condoleezza rice declining an invitation from the group a small group led a sit in demonstration saying she was partially responsible for the iraq war. rice was set to receive an honorary degreechlt rice said they would not uninvite secretary rice but she backed out so the students could enjoy their graduation distraction free. >> it is a distraction for the

university committee. as a professor in stanford university and a academic office i embrace the purpose of the commencement ceremony and unwilling to detract from it in any way. in the meantime former secretary of state hillary clinton is receiving the state of illinois's highest honor tonight. governor pat quinis presenting secretary clinton with the award. she grew up outside ofzh chicag governor quinsaid she deserved for her service. 's basketball coach is also being honored. >> a scandal in a va hospital. the facility at phoenix under fire. they are under investigation for trying to hide records of people

under their care. the whistle blower said she had to do it because the evidence was being destroyed. elizabeth prann has news from washington. >> reporter: hi, molly, three officials including the head of the face fist in phoenix veterans affair are temporarily out of a job as investigators work to see if 40 former servicemen died waiting for care. the department of veteran a fares released a statement that the employees were placed on leave. accusations are at least 1600 sick veterans waited month it is to see a physician. dr. sam fot said the hospital is understaffed and underfunded. that is similar to that of dr. kathryn mitchell.

she described an environment of intim edition against anyone who challenged hospital leadership. she provided a list with records showing that the hospital used a secret list to hide the long wait times. >> cross the country, physician after physician tried to speak up for patient safety care issues and gotten retaliated against by having proficiencies dropped and removed. >> law makers threatened a subpeona for the records if they don't comply. phoenix facility officials say they invite the inspector general to investigate. molly, back to you. thank you. general motors announcing another recall. pulling tens of thousands of vehicles off of the road and still trying to recover from the last big recall. >> former president george bush

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that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization.

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switches. a mediator is meeting with representative of the family of the victims and others. more than 50 died in crashes. more than 300 others were injured. the mediator is looking at all of the options. dollar amounts have yet to be touched. >> more than 30,000 people gathering in nebraska for the berk shire ha thaway it is the counsel down of the closing bell, and they talked about it today. they join us from oma ha, nebraska. joishgs it is it a share holder of all share holder. it is jam-packed all the way up to the ra fters.

warren buffet taking questions and speaking about the economy and his businesses. j5

hour we had an opportunity to ask him if janet yellin is helping america come back? >> i think yellin is doing the right thing. generally speaking she is doing the right thing just as bernanke did the right thing before. there will be second guessing and this country it done well in the recent years because the fed is up and doing the right thing >> war ep buffet said he feels that the the economy having come back slowly but surely from an awful financial crieses is taking the right steps at the moment but he understands that the job numbers are not coming quickly as people want them to. monday we have more to talk to him about on fox business network. tune in and i have warren buffet and his vice chair full of

nuggets of wisdom and bill gates director of the company and founder of microsoft altogether. and we talked about issues. i asked them about ukraine and things people want to know about. the way they think is interesting as it pertakens to america business. we hope you town in. hash tag ask liz. we'll pick some of your questions for warren buffet coming up and we'll see you monday at nine time time 30. and people own stocks. and back to you. and always in the heart of the business world. thank you. >> in the business world, apple awarded $120 million in the latest intellectual property battle. a california jury decided that rival samsung infringed on apple

patents. samsung said apple infringed on its patents. the jury ordered samsung to pay apple for using its technology. samsung is appealing that order. a deadly and mysterious virus that sickened hundreds in the middle east is now turned up in the united states and the american chained to a cot in a mexico prison. he made a wrong turn at the border. the efforts to free the veteran. marge: you know, there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious, and an excellent source of fiber

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america. he got sick in saudi arabia where he was a health care worker. >> and international observer released from captivity in ukraine and arriving in germane. violence is escalating in eastern ukraine. rescue crews searching for victims after a deadly mudslide in afghanistan. it happen in the northern province. numberous homes covered with 30 foot of mud. the people were killed instantly. 2100 people are missing but other leaders say the figure may be too high. the u.s. military said they are ready to help if called on. the mud slide hit after several days of heavy rain. snks a decorated u.s. marine serving two tours in afghanistan, sits in a mexican jail today.

andrew was arrested back on april 1st after making a wrong turn and accidentally entered mexico. he is now chained to a cot in mexico and his mother called it a nightmare. the reporter is from fox affiliate wsbn in miami has the story. >> she said her son u.s. marine sergeant feels like there is no end in sight. >> when he was in afghanistan, he was a brave committed warrior to the american cause and he was highest level of achievement and promoted to sergeant on the field. now he is defeated and demoralized and hopeless. the decorated marine serving two combat tours in afghanistan now a prisoner in mexico. >> they would not allow him to turn around.

i made a wrong turn and got lost can you let me turn around? that was not an option. >> he was soaking treatment in san diego when he got lost and made a wrong turn. he comes out of a bloipd curve and there he is in a mexican custom's lane. >> the western native and grauft cypress bay hospital may feel hopeless, his mom is trying to set up a petition hoping to get 100,000 signatures to get a response from the white house. >> i am doing everything possible and the state department is doing everything possible and reaching out to our legislators and they are doing everything possible. they need to release him back to the state so andrew can get the care he deserves as a decorated veteran under the contract of the marine corps.

>> that was a reporter. florida senator bill nelson reached out to the mexican government sosee if he could get his own cell. >> we hear about the feds monitor cell phone data. and some is closer to home and concerns about your privacy and the government's concern trying to keep you safe. >> it is not only the nsa but local police department that is raising concern about big brother. 2500 use stingray that swallows up cell phone data. they are using license plates readers that record every plate on a four lane highway at speeds of 50 miles per hour. the technology is a remarkable crime fighting tool. >> it is homicides and all kinds

of robberies. and it is an asset to us. >> wired mag zone reported that the maker of the stingray and license plates readers hold the buyers to vows of secrecy. and this prohibition is intended to prevent users from cooperating with a media outlet. >> we want police agencies to be transparent as possible. there shouldn't be going to hide here and they are using technologies that are supported widely because of the proven ability to reduce crime. >> the wired article was outdated and they needed to discuss before checking with the media. it is a common practice in the area of law enforcement technology since criminals mimic and avoid detection and capture. they raised broader questions about unreasonable searches.

last year virginia attorney general issued an opinion that said data cannot be collected unless related to a criminal case. the opinion was not binding and many retained the data for years. >> and the last legislation was passed in 1986 before the technology existed. and some defendant to arrive at and turning faster than the wheels of justice. in washington, doug mcdht kelway, fox news. >> space astronauts are soaring to great heights. two astronauts inducted in the astronaut hall of fame. shannon is the only american who served on pord of the russian space station. and jerry rice who was the 50 to fly seven shuttle migs and joined by fellow astronauts in the nasa kennedy space center

this afternoon. and man meets nature. and this man is propelling off of a building and getting closer to tiny birds. volunteers are hoping that disabled will lead better lives in their homes one renovation at a time. [ female announcer ] it's simple physics...

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president obama declaring a major disaster in alabama. four counts will receive aid to help with the weather. powerful storms spawned tornados and major flooding that left five people dead. the president planning to tour tornado damage next week. 15 people were killed and hundreds of homes were destroyed. a disaster was declared there. and jay johnson will visit that area tomorrow. >> one person killed when

trained smashes in a van. our top story as crow go across america. indiana, the collision happen in a railroad crossing. a man drove it around the gates in the path of the speeding train and he died at the scene. >> california. thieves use an electric stun gun and chase an armored guard. the guard suffered minor injuries. thieves may have targeted other armorred guards. >> there is a risk but they are trained and unfortunately it happens time to time. >> the officers found the cash bag but the suspects are on the run. >> in new york. a concrete wall collapses and crushed three parked cars. no one was hurt. the cause of the collapse is

being investigated. california, here is something you don't see every day. a university researcher putting id bands on fourical conchicks high atop san jose city hall. >> the city is now having a naming contest for the little birds. >> people with disabilities often face a struggle getting around their own home. volunteers are hoping to change that and brake down barriers with those living with physical challenges and making a dramatic difference in their lives. >> molly, the nonprofit knows the widening of a doorway and home renovation says go a long way to give them independent they deserve. >> he's happy and he wants to do things like a five and half-year-old boy. he wants to run in puddles and

that means driving a power chair. >> and he was born with spinal muscle a trophy. ray has defoyed the odds. >> as he grew he wanted independence and we got him a power wheelchair and he grew to the point where he was hard to live and carry up and down the stairs. >> they were introduced to home fro home, a group of volunteer architects that design homes to be more accessibility and allowing those with disabilities to live freely at home. >> people stay trapped in their homes just because there are three steps in the front of their house. >> but not ray. over the course of six months, a 600 square foot extension of the add. a whole chair accessible bath rom and his room.

>> what rom is this. >> my bathroom and what do you love about it my bed. >> there is a therapy room where he conneblths to the kindergarten class and he and older brother can be boys. >> it has enhanced our quality of life not only for ray. nray is a fighter and the family said the renovation will help him to live to the fullest. >> i love the story. >> of course, molly. fox nows is america's election head quarters and 2014 midterms just months away. turn out is everything and for democrats, they are counting on big support from the base in an effort to keep control of the swaent and one key group younger voters may not be showing up to

the polls this fall. peter dossy explains. >> many of the young people who packed auditoriums to cheer on democratic candidates in the last election cycle might sit out the midterms. new numbers reveal that only 23 percent of the millienals will vote and the most enthusiastic in the 18- 29 age group is people who picked rom no. 44 percent of them man to vote compared to 35 of young obama voters. experts say the enthusiasm gap comes as young americans blame the president for the bad economy. >> he's been in office six years than older voters who might say we are recovering from president bush's economy. >> low youth participation is good nows for the gop. and those trends incrose the

odds of the republicans in the senate. there is a wide spread effort on campus and on line. >> millennials areqkrs crucial the success in 2014. it is important to get excited about our candidates ahead of 2016. if voters started at age 30 governor romney would be ndemocrats think young americans will lone up behind the candidates. >> equal rights for everybody and how women are treated and paid, democrats have an advantage and that's when the younger democrats get excited. >> politics of privacy are important to young americans as well. and the director of harvard institute. said millennials love to share things on facebook but don't like big government collecting information about them secretly.

in washington, fox news. >> peter, thank you. president george w. bush leads the fourth annual bribing ride for veterans. he was asked about his brother jeb running for the white house. and world war ii air men honored for the heroism. the whole story in case you missed it. we need it right away! we cannot let the fans down. don't worry!

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who is considering a white house run of his own? >> well, i hope he runs. he is a wonderful man. hey not telling me his plans. and you know, he will make up his mind on his own time table, and i can't accelerate it and our mother can't accelerate or decelerate it and we'll so what he does. he knows firsthand what it is like to run for president and he saw his mother and brother run and if he were to choose to run he would have no stronger supporter than me. >> jeb bush is considering a 2016 run but will not make a final decision until the end of the year. in case you missed it some of our war heroes are finally being honored after waiting more than 70 years. the air men were shot down and

captured fighting the hitler forces but denied pow status because they crash landed in sweatser land. here is more about the veterans. >> the world war ii bomb ares were shot down and landed them in internment camps in switzerland. the defense department refused to honor them with prisoner of war medals. there were rumors that they were deserters trying to avoid combat. at the time only one in four u.s. bombers in missions over germany came home safely. >> mayhem was a bomb dore who escaped from the prison camp run by naziicism thosing prison guards. >> they slipped on lois infested straws and sowage in the area and solitary confinement and

starvation and mental terror. >> a historic injustice was reversed. the eight remaining survivors out of the pow's imprisonned in switzerland were honored by the air force. >> it is the kind of courage we read about in books. their stories would not have been known without dwight ma er whose grandfather was imprisonned in the prison camp. >> to have it denied and irrespectivee?'ñ of the treatm did not so many right. >> congress revised a 1985 law on pow medals and requiring prisoners to be held in enemy territory. lieutenant was moved. his son patrick accompanied him to the ceremony.

>> every day for the rest of his life was a gift. he was never in a bad mood. >> that attitude and the grandsons pursuit of justice is the reason they finally received the recognition they were denied more than cent years. in the pentagon, jennifer griffin fox news. >> jennifer griffin, thank you. >> and why is this woman juching out of an airplane and on a high school football fold? her reason and the message to the students, next. [ woman ] i've always tried to see things from the best angle i could. it's how i look at life. especially now that i live with a higher risk of stroke due to afib, a type of irregular heartbeat not caused by a heart valve problem. i was taking warfarin but wondered, could i focus on something better? my doctor told me about eliquis for three important reasons.

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students watching the dangerous dive from below and 17 percent of the population in the school are junior rotc. she confesses she is glad it is over. >> i was scary to dead and i had the society right there on the edge. i was embarrassed and i had a lot of second thoughts but there is no coming back except out of the dor. the superintendant said her mission was serious to inspire kids to think big and be bold and be prepared. before we go. quick look at top stories, law makers vowing a full and complete investigation in the benghazi terrorist attack. house spoker john boehner will form i select committee and's subpeona on john kerry. condoleezza rice will not give

a commencement address in rutgers university. and california chrome wins the 140 kentucky derby, the odds on favorite to win and led from the againing to the end. up next the triple crown, the preakness in two weeks. before we go a quick remainer and tune in for original reporting tonight on the benghazi scandal. judge ja nine will focus on the news and the committee formed by republicans and immediately after, don't miss fox nows reporting, benghazi, white house cover up revealed, anchored by bret baier. that is how the fox reports this saturday may 3rd. i am molly lion, thanks for watching, huckabee starts now.

tonight on huckabee, denoil. >> the documents released are explicitly about the broader areas separate from the attack on benghazi. >> dismissal. >> benghazi, benghazi, benghazi, why aren't we talking about something else. >> conspiracy theorys by the republicans and this one turned out to be bogus. >> where is the truth? >> we knew it was a hostile action. >> the house begins a new investigation in the benghazi attacks. >> as clipper's owner donald sterling fi